HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25927 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Hardev Singh, learned counsel for the applicant and learned A.G.A. for the State. 2. It is the case of the applicant that the applicant alongwith her husband has been implicated in Criminal Case No.7858 of 2025 (State vs. Arti Singh and another), arising out of Case Crime No.49 of 2025, under section 384 IPC, Police Station Beta-2, District Gautam Buddha Nagar, pending before the learned Court of Additional Chief Judicial Magistrate-II, Gautam Buddha Nagar. 3. After conducting detailed investigation, concerned Investigating Officer has submitted the charge sheet against the husband of the applicant in pursuance of sections 376(2)(n), 354(ga), 323, 384 IPC and 67 I.T. Act and the applicant was charge sheeted only under section 384 IPC. 4. After considering the charge sheet alongwith other connect documents appended with Case Diary, learned Court of Additional Chief Judicial Magistrate, Gautam Buddha Nagar, took cognizance of the offence and summoned the applicant only in respect of section 384 IPC. 5. Learned counsel for the applicant submitted that implication of the applicant in respect of section 384 IPC is not corroborating with the statement recorded by the witnesses/opposite party no. 2 herself. Since, there is hardly any case or put forward against the applicant in respect of the exhortation, otherwise as per plain reading of the statement so recorded by the victim/opposite party no.2 herself, same was threatened at the behest of Versus Counsel for Applicant(s) : Hardev Singh, Ramesh Chandra Agrahari Counsel for Opposite Party(s) : G.A. Smt Arti Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the applicant for transmitting the obscene and objectionable video clips of the opposite party no.2. 6. Per contra, learned A.G.A. opposed the above prayer made on behalf of the applicant and submitted that it is the husband and wife who jointly committed the offence in relation to the sections wherein they are indicated on the basis of detailed investigation conducted by the concerned Investigating Officer which culminated in the order dated 05.05.2025. 7. After hearing relevant submissions extended by the learned counsel for the parties, the allegations whatsoever has been put forward through narration narrated in the FIR and the statement recorded by the victim/opposite party no. 2 is not corroborating the sections in reference of the applicant has been summoned by the Court concerned. There is hardly any evidence available in respect of section 384 IPC which relates the applicants for summoning before the learned Court concerned. 8. In view of the aforesaid circumstances, the learned Additional Chief Judicial Magistrate, Gautam Buddha Nagar/concerned Court slightly misunderstood in reference of the section under which the applicant has been implicated at the time of the submission of the charge sheet. 9. In view of the facts and circumstances of the case, the order dated 05.05.2025 passed by learned Court of Additional Chief Judicial Magistrate- II, Gautam Buddha Nagar as well as entire criminal proceeding of Criminal Case No. 7858 of 2025 (State vs. Arti Singh and another), arising out of Case Crime No. 49 of 2025, under section 384 IPC, Police Station Beta-2, District Gautam Buddha Nagar, pending before the learned Court of Additional Chief Judicial Magistrate-II, Gautam Buddha Nagar, is hereby set-aside only in respect of the applicant. 10. The matter is remanded back to the learned Court concerned for taking fresh cognizance of the offence, if required, by way of fine scrutiny of allegations as put forward against the applicant alongwith the statement so recorded by the victim/opposite party no. 2 herself, 11. In view of the above, the instant application is partly allowed. October 9, 2025 Monika NA528 No. 25927 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad